Mereja

health care bill has been passed So, “What Now?”

Written by

Steve Boren

in

Now that the health care bill has been passed and signed into law by President Obama, the question we hear most is “What Now?”

Despite the passing of this legislation against the will of the American people, it is clear from your emails that the American people are not willing to roll over and just accept this bill.

So, “What Now?”

There are several fronts being fought.

The Legislative Process at the State Level

Currently, two states have successfully passed laws to protect themselves from the federal legislation.

In March 2010 a Virginia law passed both Senate and House, was amended by the Governor and both branches of the legislature and became law as Chapter 106 on March 10, becoming the first such statute in the nation;

Idaho enacted a similar statute, as Chapter 46 on March 17;

In addition, several states have moved forward on similar proposals, although none have been approved yet;

Arizona’s resolution of June 2009 was the first measure to have passed the legislative process;

A Utah bill passed both chambers and awaits action by the governor;

A Tennessee and a Georgia bill has passed one chamber;

Constitutional resolutions have advanced through initial steps in Florida, Georgia and Missouri (3/16/10);

At least 36 state legislatures are using the legislative process to seek to limit, alter or oppose selected state or federal actions, including single-payer provisions and mandates that would require purchase of insurance. In general the measures seek to make or keep health insurance optional, and allow people to purchase any type of coverage they may choose.

As of early March, formal resolutions or bills had been filed in Alabama, Alaska, Arizona, Arkansas, California, Colorado, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Utah, Virginia, Washington, West Virginia, Wisconsin and Wyoming.

Challenging the Constitutionality

Florida filed the first suit against the new law claiming the new law is unconstitutional. Joining Florida were attorneys general from South Carolina, Nebraska, Texas, Utah, Alabama, Louisiana, Colorado, Michigan, Pennsylvania, Washington, Idaho, South Dakota. The lawsuit claims the bill violates the 10th Amendment, which says the federal government has no authority beyond the powers granted to it under the Constitution, by forcing the states to carry out its provisions, but not reimbursing them for the costs.

Virginia’s Attorney General Kenneth T. Cuccinelli, II filed a separate lawsuit on similar grounds in the U.S. District Court for the Eastern District of Virginia in Richmond.

"With this law, the federal government will force citizens to buy health insurance, claiming it has the authority to do so because of its power to regulate interstate commerce," said Virginia Attorney General Ken Cuccinelli Monday. "We contend that if a person decides not to buy health insurance, that person – by definition – is not engaging in commerce, and therefore, is not subject to a federal mandate."

Legal experts vary in opinion on chance of success. While some are skeptical believing the Supreme Court has defined the scope of Congress’ power to regulate interstate commerce very broadly, others argue that such court challenges will expose the legislation to a high level of judicial scrutiny and that a court somewhere could determine some aspect of it illegal.

Medical Societies Taking Action

On March 26, the Association of American Physicians and Surgeons (AAPS) became the first medical society to sue to overturn the newly enacted health care bill AAPS sued Friday in the U.S. District Court for the District of Columbia (AAPS v. Sebelius et al.).

The Executive Director of AAPS stated the legislation “spells the end of freedom in medicine as we know it. Courts should not allow this massive intrusion into the practice of medicine and the rights of patients.”

Repeal

There is much talk about repealing the recently passed health care legislation.

Congresswoman Michelle Bachmann (R-MN) has introduced legislation to repeal the law. Senator Jim DeMint (R-SC) has introduced similar legislation in the Senate.

The Club for Growth has introduced a repeal initiative. The Repeal It! campaign (Twitter @RepealIt) promotes three pledges to repeal Obamacare – one each for lawmakers, candidates, and citizens.

Tea Party Patriots are also circulating a petition calling for repeal.

The goal to repeal this intrusive government healthcare plan is an important step and a laudable goal that all Americans should support, but it will take some time to move forward, particularly in light of the current balance in Congress. Republicans simply don’t have the numbers in either chamber. Republicans are far short of the requisite 60 votes in the Senate. Funding of the legislation could be repealed through reconciliation with 51 votes. But, even if Republicans win the majority in both Houses of Congress, would they have the fortitude to repeal it?

And there is no scenario we see where President Obama doesn’t veto any repeal legislation. Republicans would need 290 votes in the House and 67 votes in the Senate to override a Presidential veto.

These circumstances lead us to conclude that 2013 is the earliest a repeal of the legislation is possible and that is assuming the election of a new President in 2012.

What Now?

CPR is following the state legislation and lawsuits at www.CPRights.org. We will also continue to keep you updated on the above as well as ramifications and unintended consequences of the legislation through our daily newsbrief, the Daily Dose. If you do not currently receiving the Daily Dose, you can sign up here.

As concerned Americans, there are several things you can do:

  • Stay informed
  • Contact your local state representatives and state senators to let them know you support legislative efforts to protect the citizens of your state from this federal legislation. You can find your local elected officials here.
  • Contact your state’s Attorney General. If the Attorney General of your state has filed suit against the legislation, let them know you appreciate their efforts. If your state is not part of the lawsuit, voice your support to him/her that you would like to see them file or join one of the already filed lawsuits.
  • Sign the various Repeal initiatives.
  • Attend townhall meetings of your elected officials (state and federal). Let them know this issue is not going away just because Congress has forced it upon us. A list of congressional townhalls can be found here.

Sincerely,

Rick Scott
Chairman
Conservatives for Patients’ Rights

700 12th Street NW, Suite 700 | Washington, DC 20005

More posts